On the Legal Application of Open Source Programs Infringing Online Game Copyright—From the Perspective of the Offline Simulators of Online Games in China
The offline simulator of online games is a type of computer software developed based on leaked source code or reference to game visuals,with the aim of replicating the online gaming experience in offline mode.Its primary reli-ance on open-source licenses fundamentally constitutes a form of specialized private law autonomy,where the legiti-macy of open-source content derives from the author's right of relinquishment.The unauthorized open-sourcing of con-tent derived from others'source code or game visuals exceeds the permissible scope of relinquishment,potentially in-fringing upon the copyright of others'computer software or the expressive elements depicted in game screens.How-ever,traditional computer software protection mechanisms are limited in their ability to address'leaked source code-style'simulators solely at the code level.Consequently,regulating behaviors such as autonomous development or client decompilation becomes challenging,indirectly contributing to the commercial circulation of such simulators within China.In light of these challenges,it is recommended to consider both the substantial similarity of the original game screens and the protection of economic interests.This approach aims to establish clear infringement standards concern-ing open-source programs related to online game copyrights,thereby enhancing the protection of online game copy-rights and fostering the healthy development of China's online gaming industry.
offline version of online gameGPL licensegame copyrightfair use
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